Dealing With Unrepresented Persons; 4.04. 1, eff. Sept. 1, 1993. OPEN MEETINGS REQUIREMENT. (1) a copy of the advertisement or solicitation communication (including packaging if applicable) in the form in which it appeared or will appear upon dissemination; (2) a completed lawyer advertising and solicitation communication application; and (3) payment to the State Bar of Texas of a fee authorized by the Board of Directors. 551.073. (a) In this section, "general academic teaching institution" and "university system" have the meanings assigned by Section 61.003, Education Code. 159 (S.B. (3) participates in the closed meeting, whether it is a regular, special, or called meeting. (2) make available an archived copy of the video and audio recording of each meeting described by Subdivision (1) on the Internet. C, Attorney Conduct A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. (g) The governmental body shall make at least an audio recording of the meeting. Sept. 1, 1993. Sec. 239), Sec. 1, eff. 1233), Sec. (d) The validity of a posted notice of a meeting or an agenda by a governmental body or economic development corporation subject to this section that made a good faith attempt to comply with the requirements of this section is not affected by a failure to comply with a requirement of this section that is due to a technical problem beyond the control of the governmental body or economic development corporation. The secretary of state shall provide during regular office hours a computer terminal at a place convenient to the public in the office of the secretary of state that members of the public may use to view the notice. Sec. 3, eff. (B) open meeting that is a work session or special called meeting if: (i) the governmental body is an elected school district board of trustees for a school district that has a student enrollment of 10,000 or more; and, (ii) at the work session or special called meeting, the board of trustees votes on any matter or allows public comment or testimony; and. 11), Sec. September 1, 2017. 3674), Sec. 1007 (H.B. Sec. Amended by Acts 1999, 76th Leg., ch. 3.06, eff. 1, eff. The Committee shall: 1. June 17, 2005. 538 (S.B. September 1, 2011. 3, eff. 87 (S.B. 3, eff. 228), Sec. SPECIAL NOTICE TO NEWS MEDIA OF EMERGENCY MEETING OR EMERGENCY ADDITION TO AGENDA. Sec. This chapter does not require the Credit Union Commission to conduct an open meeting to deliberate a matter made confidential by law. Sec. June 18, 1997. DISCIPLINARY RULES OF . Added by Acts 2015, 84th Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. 778 (H.B. (2) a reasonably unforeseeable situation, including: (A) fire, flood, earthquake, hurricane, tornado, or wind, rain, or snow storm; (B) power failure, transportation failure, or interruption of communication facilities; (D) riot, civil disturbance, enemy attack, or other actual or threatened act of lawlessness or violence. DELIBERATIONS INVOLVING MEDICAL OR PSYCHIATRIC RECORDS OF INDIVIDUALS. (a) A member of a governmental body commits an offense if the member: (1) knowingly engages in at least one communication among a series of communications that each occur outside of a meeting authorized by this chapter and that concern an issue within the jurisdiction of the governmental body in which the members engaging in the individual communications constitute fewer than a quorum of members but the members engaging in the series of communications constitute a quorum of members; and. (c) A meeting held by telephone conference call or video conference call authorized by this section may be held only if: (2) the convening at one location of a quorum of the governing body of the applicable water district is difficult or impossible. This chapter does not require a benefits appeals committee for a public self-funded health plan or a governmental body that administers a public insurance, health, or retirement plan to conduct an open meeting to deliberate: (1) the medical records or psychiatric records of an individual applicant for a benefit from the plan; or. Acts 2013, 83rd Leg., R.S., Ch. (2) a matter that includes a consideration of information in the medical or psychiatric records of an individual applicant for a benefit from the plan. (2) if the property owners' association: (A) provides maintenance, preservation, and architectural control of residential and commercial property within a defined geographic area in a county with a population of 2.8 million or more or in a county adjacent to a county with a population of 2.8 million or more; and. 1 (1990) (extensive analysis and treatment of Texas . 380 (S.B. 283), Sec. In no event shall a communication or posting to the online message board or similar Internet application be construed to be an action of the governmental body. (a) A governmental body shall prepare and keep minutes or make a recording of each open meeting of the body. (e) The location of the meeting shall provide two-way communication during the entire telephone conference call meeting, and the identification of each party to the telephone conference shall be clearly stated before the party speaks. Amended by Acts 2001, 77th Leg., ch. The recording shall be made available to the public. Acts 2007, 80th Leg., R.S., Ch. (d) Subsection (a) does not apply to a consultation with an attorney who is an employee of the governmental body. (Texas Disciplinary Rules of Professional Conduct) (1989) [hereinafter TEX. Amended by Acts 1997, 75th Leg., ch. 2, eff. 1, eff. May 18, 2013. 685 (H.B. Sept. 1, 1993. 14, eff. If a closed meeting is allowed under this chapter, a governmental body may not conduct the closed meeting unless a quorum of the governmental body first convenes in an open meeting for which notice has been given as provided by this chapter and during which the presiding officer publicly: (1) announces that a closed meeting will be held; and. Acts 2019, 86th Leg., R.S., Ch. This chapter does not require a school board operating under a consultation agreement authorized by Section 13.901, Education Code, to conduct an open meeting to deliberate the standards, guidelines, terms, or conditions the board will follow, or instruct its representatives to follow, in a consultation with a representative of an employee group. 679), Sec. (a) In this section, "water district" means a river authority, groundwater conservation district, water control and improvement district, or other district created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution. Reenacted and amended by Acts 2013, 83rd Leg., R.S., Ch. Opinions are available from 1946-present. 885 (H.B. Added by Acts 2009, 81st Leg., R.S., Ch. L. REV. Added by Acts 2011, 82nd Leg., R.S., Ch. 925 (S.B. 455 (S.B. (a) In this section, "electronic bulletin board" means an electronic communication system that includes a perpetually illuminated screen on which the governmental body can post messages or notices viewable without manipulation by the public. 551.089. Sec. 1, eff. (3) an announcement by the presiding officer at the beginning and the end of the meeting indicating the date and time. CLOSED MEETING; OFFENSE; PENALTY. 728 (H.B. (a) The secretary of state must post notice on the Internet of a meeting of a state board, commission, department, or officer having statewide jurisdiction for at least seven days before the day of the meeting. (b) The governing body of the association, a committee of the association, and members of the governing body or of a committee of the association are subject to this chapter in the same manner as the governing body of a governmental body, a committee of a governmental body, and members of the governing body or of a committee of the governmental body. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1999. (2) question the employees of the Texas growth fund or the third party regarding an investment or potential investment described by Subdivision (1), if disclosure of the information contained in the questions or answers would give advantage to a competitor. (b) A county clerk shall post a notice provided to the clerk under Subsection (a)(2) on a bulletin board at a place convenient to the public in the county courthouse. A board member who participates remotely in any portion of a board meeting by telephone conference call is considered to have participated in the entire board meeting by telephone conference call. Acts 2013, 83rd Leg., R.S., Ch. 471), Sec. Sec. 551.141. 551.084. 3, eff. 1681 (1993) . (a-1) A governmental body may not deliberate or take action on a matter at a meeting for which notice or supplemental notice is posted under Subsection (a) other than: (1) a matter directly related to responding to the emergency or urgent public necessity identified in the notice or supplemental notice of the meeting as provided by Subsection (c); or. 551.004. Added by Acts 1993, 73rd Leg., ch. (2) in which a complaint or charge is brought against an employee of the school district by another employee and the complaint or charge directly results in a need for a hearing. Sec. Sec. 551.051. The Committee consists of nine members, including seven attorney members and two non-attorney public members. May 18, 2013. Added by Acts 1993, 73rd Leg., ch. 3. 87 (S.B. Acts 2007, 80th Leg., R.S., Ch. (g) The authority provided by this section is in addition to the authority provided by Section 551.125. 87 (S.B. 2, eff. TEXAS FACILITIES COMMISSION: DELIBERATION REGARDING CONTRACT BEING NEGOTIATED; CLOSED MEETING. (a) Notwithstanding anything in this chapter to the contrary, the rules provided by this section apply to competitive matters of a public power utility. 1319, Sec. (2) to hear a complaint or charge against a member of an advisory body. Sept. 1, 1999. (a) This chapter does not require the board of trustees of the Texas growth fund to confer with one or more employees of the Texas growth fund or with a third party in an open meeting if the only purpose of the conference is to: (1) receive information from the employees of the Texas growth fund or the third party relating to an investment or a potential investment by the Texas growth fund in: (A) a private business entity, if disclosure of the information would give advantage to a competitor; or, (B) a business entity whose securities are publicly traded, if the investment or potential investment is not required to be registered under the Securities Exchange Act of 1934 (15 U.S.C. Sec. Choice of Law, Texas Disciplinary Rules of Professional Conduct (TDRPC) Conduct Public Hearing and Discuss Proposed Rules, Proposed Interpretive Comments, and Public Comments Received . 551.0745. Sec. (d) The governing board of a junior college district is not required to comply with the requirements of this section if that compliance is not possible because of an act of God, force majeure, or a similar cause not reasonably within the governing board's control. (2) to hear a complaint or charge against an officer or employee. May 7, 2001. (g) A certificate of course completion is admissible as evidence in a criminal prosecution under this chapter. 27), Sec. CONSULTATION WITH ATTORNEY; CLOSED MEETING. 1084, Sec. 2, eff. This section does not apply to a governmental body described by Section 551.001(3)(D). (a) In an emergency or when there is an urgent public necessity, the notice of a meeting to deliberate or take action on the emergency or urgent public necessity, or the supplemental notice to add the deliberation or taking of action on the emergency or urgent public necessity as an item to the agenda for a meeting for which notice has been posted in accordance with this subchapter, is sufficient if the notice or supplemental notice is posted for at least one hour before the meeting is convened. 1, eff. (a) In this section, "governing board," "institution of higher education," and "university system" have the meanings assigned by Section 61.003, Education Code. 551.081. CREDIT UNION COMMISSION. (6) announcements involving an imminent threat to the public health and safety of people in the political subdivision that has arisen after the posting of the agenda. (b) In litigation in a district court involving an alleged violation of this chapter, the court: (1) is entitled to make an in camera inspection of the certified agenda or recording; (2) may admit all or part of the certified agenda or recording as evidence, on entry of a final judgment; and. 8), Sec. September 1, 2013. (a) The Texas Facilities Commission may conduct a closed meeting to deliberate business and financial issues relating to a contract being negotiated if, before conducting the closed meeting: (1) the commission votes unanimously that deliberation in an open meeting would have a detrimental effect on the position of the state in negotiations with a third person; and. E, Discipline Texas Government Code ch. September 1, 2017. Vernon's Texas Government Code Annotated, At the end of this Subtitle are reprints of the Texas State Bar Rules (which include the Texas Disciplinary Rulesof Professional Conduct as Article X), the Rules of Disciplinary Procedure, and the Code of Judicial Conduct. Added by Acts 2005, 79th Leg., Ch. (d) A suit filed by the attorney general under Subsection (c) must be filed in a district court of Travis County. Acts 2015, 84th Leg., R.S., Ch. INVESTIGATION; EXCLUSION OF WITNESS FROM HEARING. 4. Sept. 1, 1993. 209114, the Court submitted prop- osed amendments to the Texas Disciplinary Rules of Professional Conduct and the Texas Rules of Disciplinary Procedure ("Proposed Rules") to the State Bar of Texas members for a referendum. This is not meant to be a comprehensive list and readers are encouraged to search for additional articles that may be useful to them. ), and its subsequent amendments, and if disclosure of the information would give advantage to a competitor; or. This Article devotes a section only to chapter 5. Added by Acts 2013, 83rd Leg., R.S., Ch. Sec. (2) notice of the board committee meeting is also posted as notice of a board meeting. Aug. 30, 1999. 814 (S.B. This chapter does not require a governmental body to conduct an open meeting to deliberate: (1) the deployment, or specific occasions for implementation, of security personnel or devices; or. 5.02(a), eff. 81, subch. (a) This section applies only to a governmental body or economic development corporation that maintains an Internet website or for which an Internet website is maintained. 2, subtit. (b) A joint board created under Section 22.074, Transportation Code, shall post notice of each meeting on a physical or electronic bulletin board at a place convenient to the public in the board's administrative offices. SCHOOL BOARD: PERSONALLY IDENTIFIABLE INFORMATION ABOUT PUBLIC SCHOOL STUDENT. TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT (Effective January 31, 2022) Table of Contents Page Preamble: A Lawyer's Responsibilities Preamble: Scope Terminology I. CLIENT-LAWYER RELATIONSHIP 3 4 6 (3) either provide notice of each meeting to the county clerk of the county in which the administrative office of the district or political subdivision is located or post notice of each meeting on the district's or political subdivision's Internet website. (d) The notice of the telephone conference call meeting must specify as the location of the meeting the location where meetings of the governmental body are usually held. An action taken by a governmental body in violation of this chapter is voidable. This commission has oversight of politicians, officeholders and lobbyists, not attorneys, but their opinion database is vast and may be of some interest regardless. 87 (S.B. Amendments to Texas Disciplinary Rules of Professional Conduct 1.02, 1.05, and 8.03, to the comments to Texas Disciplinary Rules of Professional Conduct 1.03, 1.15, and 4.02, andto Rule 1.06, 551.0725. 551.0015. Added by Acts 1993, 73rd Leg., ch. Added by Acts 2005, 79th Leg., Ch. 340 (S.B. 3827), Sec. (b) This section applies only to a water district whose territory includes land in three or more counties. Acts 2015, 84th Leg., R.S., Ch. (e) The notice of a telephone conference call meeting of a governing board must specify as the location of the meeting the location where meetings of the governing board are usually held. May 18, 2013. (i) is governed by a board of trustees who may employ a general manager to execute the association's bylaws and administer the business of the corporation; (ii) does not require membership in the corporation by the owners of the property within the defined area; and. 1, eff. This chapter does not require a governmental body to conduct an open meeting: (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or. Acts 2013, 83rd Leg., R.S., Ch. Disciplinary R. Prof. 647, Sec. 809 (H.B. (a-3) A member of a governmental body who participates in a meeting by videoconference call shall be considered absent from any portion of the meeting during which audio or video communication with the member is lost or disconnected. 11.011, eff. 1, eff. 551.0415. RECORDING OF MEETING BY PERSON IN ATTENDANCE. 2978), Sec. DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; CLOSED MEETING. (c) The certified agenda or recording of a closed meeting is available for public inspection and copying only under a court order issued under Subsection (b)(3). GOVERNING BOARD OF GENERAL ACADEMIC TEACHING INSTITUTION OR UNIVERSITY SYSTEM: INTERNET POSTING OF MEETING MATERIALS AND BROADCAST OF OPEN MEETING. 1266, Sec. CLOSED MEETING WITHOUT CERTIFIED AGENDA OR RECORDING; OFFENSE; PENALTY. (b) Notwithstanding any other provision of this chapter and subject to Subsection (c), a commissioners court to which this section applies may hold an open or closed meeting, including a telephone conference call, solely to deliberate about disaster or emergency conditions and related public safety matters that require an immediate response without complying with the requirements of this chapter, including the requirement to provide notice before the meeting or to first convene in an open meeting. Sec. 471), Sec. Sec. 1, eff. Acts 2007, 80th Leg., R.S., Ch. (2) shall prepare and keep minutes or a recording of a meeting under this section and make the minutes or recording available to the public as soon as practicable. May 10, 2013. At the call of the presiding officer of the Board of Pardons and Paroles, the board may hold a hearing on clemency matters by telephone conference call. Section 78a et seq. (b) A governing board to which this section applies, for any regularly scheduled meeting of the governing board for which notice is required under this chapter, shall: (1) post as early as practicable in advance of the meeting on the Internet website of the district any written agenda and related supplemental written materials provided by the district to the board members for the members' use during the meeting; (3) record the broadcast and make that recording publicly available in an online archive located on the district's Internet website. 647, Sec. Code 81.091-81.095. Acts 2013, 83rd Leg., R.S., Ch. (f) The location of the meeting shall provide two-way communication during the entire telephone conference call meeting, and the identification of each party to the telephone conference call must be clearly stated before the party speaks. 551.128. CERTIFIED AGENDA OR RECORDING REQUIRED. are located in the "Administrative Materials" section of the Legal Ethics topic. Acts 2013, 83rd Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. A final action, decision, or vote on a matter deliberated in a closed meeting under this chapter may only be made in an open meeting that is held in compliance with the notice provisions of this chapter. 2, eff. June 17, 2011. (2) the disclosure was the result of a mistake of fact concerning the nature or content of the certified agenda or recording. Introduction to Researching Legal Ethics & Professional Responsibility, All of the following resources can be found on the Texas State Bar's, In addition to the links below, thosestatutes and rules that are part of the official Texas laws can be found on, Historical versions of the Rules are archived by the. Added by Acts 2013, 83rd Leg., R.S., Ch. 1, eff. Acts 2011, 82nd Leg., R.S., Ch. Sec. A governmental body shall give written notice of the date, hour, place, and subject of each meeting held by the governmental body. September 1, 2007. SUBCHAPTER G. ENFORCEMENT AND REMEDIES; CRIMINAL VIOLATIONS. 3, eff. Acts 2013, 83rd Leg., R.S., Ch. For a meeting of the governing board of a university system, the notice must specify as the location of the meeting the board's conference room at the university system office. 3357), Sec. 551.082. All of the articles are available on HeinOnline and may also be available in other sources, including Lexis, Westlaw, and free online repositories. (1) the governing board of an institution of higher education as defined by Section 61.003, Education Code; or. This chapter does not authorize a governmental body to close a meeting that a charter of the governmental body: Sec. SUBCHAPTER D. EXCEPTIONS TO REQUIREMENT THAT MEETINGS BE OPEN. List last updated in 2019. 3, eff. 622, Sec. 87 (S.B. They make many of their decisions available online through the opinions page of their website, and they also offer a searchable database of hearings, appeals and opinions. 16, eff. 1, eff. Public Hearing and Discussion: Proposed Rules 4.03. 683 (H.B. Acts 2007, 80th Leg., R.S., Ch. September 1, 2009. (1) " Disclosure rule " means the disciplinary rule that requires a prosecutor to disclose to the defense all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, including Rule 3.09(d), Texas Disciplinary Rules of Professional Conduct. (b-5) A governmental body described by Subsection (b-1) is exempt from the requirements of Subsections (b-2) and (b-4) if the governmental body's failure to make the required recording of a meeting available is the result of a catastrophe, as defined by Section 551.0411, or a technical breakdown. 1297), Sec. Sec. 10, eff. Sec. (b) Notwithstanding Section 551.103(a), the commission must make a recording of the proceedings of a closed meeting held under this section. Sec. June 14, 2013. Acts 2015, 84th Leg., R.S., Ch. 4, eff. 1287, Sec. COUNTY GOVERNMENTAL BODY: PLACE OF POSTING NOTICE. (c) A district shall post the minutes of the meeting of the governing body to the district's Internet website if the district maintains an Internet website. 1046), Sec. 165, Sec. 9.012, eff. 471), Sec. 494), Sec. 2, eff. 630, Sec. September 1, 2009. (c) In this section, "Texas growth fund" means the fund created by Section 70, Article XVI, Texas Constitution. 925, Sec. 1548), Sec. June 10, 2019. 494), Sec. Amended by Acts 2001, 77th Leg., ch. Sept. 1, 2001. 87 (S.B. 471), Sec. 647 (H.B. 551.076. C, Attorney Conduct, Procedural Rules for Removal or Retirement of Judges, Code of Conduct for Texas Supreme Court Law Clerks & Staff Attorneys, Texas Supreme Court Grievance Oversight Committee, Texas Unauthorized Practice of Law Committee, Guide to Texas Legal Ethics & Professional Misconduct. (a) In this section, "Internet" means the largest nonproprietary cooperative public computer network, popularly known as the Internet. 551.044. Volumes 48-48B of the Texas Practice series. Acts 2015, 84th Leg., R.S., Ch. In addition to providing any other notice required by this subchapter, the governing board of a single institution of higher education: (1) shall post notice of each meeting at the county courthouse of the county in which the meeting will be held; (2) shall publish notice of a meeting in a student newspaper of the institution if an issue of the newspaper is published between the time of the posting and the time of the meeting; and. 494), Sec. (b) Any deliberation of or decision about the subject of the inquiry shall be limited to a proposal to place the subject on the agenda for a subsequent meeting. 551.131. BOARD OF PARDONS AND PAROLES. A rule adopted under Subsection (c) that limits the amount of time that a member of the public may address the governmental body must provide that a member of the public who addresses the body through a translator must be given at least twice the amount of time as a member of the public who does not require the assistance of a translator in order to ensure that non-English speakers receive the same opportunity to address the body. (6) a regional mobility authority included within the meaning of an "authority" as defined by Section 370.003, Transportation Code. (b) A governmental body may adopt reasonable rules to maintain order at a meeting, including rules relating to: (1) the location of recording equipment; and. Acts 2013, 83rd Leg., R.S., Ch. Texas Rules of Disciplinary Procedure. Sept. 1, 1993. (b-4) A governmental body described by Subsection (b-1) shall: (1) make the archived recording of each meeting to which Subsection (b-1) applies available on the Internet not later than seven days after the date the recording was made; and. (d) This subsection applies only if a governmental body does not use simultaneous translation equipment in a manner that allows the body to hear the translated public testimony simultaneously. Amended by Acts 1999, 76th Leg., ch. 551.121. 1, eff. ACTION VOIDABLE. April 1, 2009. September 1, 2005. 551.130. 32, eff. Sec. Added by Acts 1997, 75th Leg., ch. 312, Sec. MANDAMUS; INJUNCTION. Please call us at (512) 463-1722 if you have any questions about these materials. EXCEPTION TO GENERAL RULE: COMMITTEE OF LEGISLATURE. Texas Rules of Professional Conduct Source: 471), Sec. Added by Acts 2019, 86th Leg., R.S., Ch. 1, eff. (h) The location specified under Subsection (e), and each remote location from which a member of the governmental body participates, shall have two-way audio and video communication with each other location during the entire meeting. (b) Notwithstanding Section 551.103(a), Government Code, the commissioners court must make a recording of the proceedings of a closed meeting to deliberate the information. June 17, 2011. The Rules are divided into eight major categories: Client-Lawyer Relationship, Counselor, Advocate, Non-Client Relationships, Law Firms and Associations, Public Service, Information About Legal Services, and Maintaining the Integrity of the Profession. 1046), Sec. 105 (S.B. 1, eff. SCHOOL DISTRICT: SPECIAL NOTICE TO NEWS MEDIA. (b) Subsection (a) does not apply if the individual who is the subject of the deliberation or hearing requests a public hearing. 633, Sec. (e) The governmental body may not vote or take any action that is required to be taken at a meeting under this chapter of the governmental body by posting a communication to the online message board or similar Internet application. June 17, 2011. (b) An offense under Subsection (a) is a Class C misdemeanor. 87 (S.B. 551.007. 13, eff. Sept. 1, 1997. 551.001. 2, subtit. Acts 2013, 83rd Leg., R.S., Ch. 115 (S.B. 20 (S.B. 1.03. 551.085. CERTAIN PROPERTY OWNERS' ASSOCIATIONS SUBJECT TO LAW. This site includes copies of opinions related to judicial conduct cases from 1990-present, as well as a list of disciplinary actions taken against judges. 551.056. Sec. (a) A governmental body shall either keep a certified agenda or make a recording of the proceedings of each closed meeting, except for a private consultation permitted under Section 551.071. May 18, 2013. June 15, 2007. 1, eff. 268, Sec. The open portions of the meeting must be audible to the public at the location where the quorum is present and be recorded at that location. (e) Nothing in this chapter shall prohibit a district from allowing a person to watch or listen to a board meeting by video or telephone conference call. For a meeting of the Board for Lease of University Lands, the notice must specify as the location of the meeting a suitable conference or meeting room at The University of Texas System office. (b) This chapter does not prohibit the board or a board committee from holding an open or closed meeting by telephone conference call. 1, eff. 551.006. (c) To the extent practicable under the circumstances, the commissioners court shall provide reasonable public notice of a meeting under this section and if the meeting is an open meeting allow members of the public and the press to observe the meeting. If a problem occurs that causes a meeting to no longer be visible and audible to the public at that location, the meeting must be recessed until the problem is resolved. (a) This chapter does not prohibit the governing board of a junior college district from holding an open or closed meeting by telephone conference call. Sec. Sept. 1, 2001. 3.10, eff. 2018), Sec. 551.129. PDF. 3, eff. 1640), Sec. 1, eff. 1, eff. MUNICIPAL GOVERNMENTAL BODY: PLACE OF POSTING NOTICE. Acts 2015, 84th Leg., R.S., Ch. The governmental body may continue the meeting only if a quorum of the body remains present at the meeting location or, if applicable, continues to participate in a meeting conducted under Subsection (c). Added by Acts 1993, 73rd Leg., ch. (1) state the subject of each deliberation; and. This chapter does not require a governmental body to conduct an open meeting to deliberate a test item or information related to a test item if the governmental body believes that the test item may be included in a test the governmental body administers to individuals who seek to obtain or renew a license or certificate that is necessary to engage in an activity. 1.01. 538 (S.B. June 21, 2003. September 1, 2009. (b) If this chapter specifically requires or allows a governmental body to post notice of a meeting on the Internet: (1) the governmental body satisfies the requirement that the notice must be posted in a place readily accessible to the general public at all times by making a good-faith attempt to continuously post the notice on the Internet during the prescribed period; (2) the governmental body must still comply with any duty imposed by this chapter to physically post the notice at a particular location; and. 2668), Sec. Sept. 1, 1993. MEDICAL BOARD OR MEDICAL COMMITTEE. (a) An individual, corporation, or partnership that without lawful authority knowingly discloses to a member of the public the certified agenda or recording of a meeting that was lawfully closed to the public under this chapter: (2) is liable to a person injured or damaged by the disclosure for: (A) actual damages, including damages for personal injury or damage, lost wages, defamation, or mental or other emotional distress; (B) reasonable attorney fees and court costs; and. 3, eff. May 18, 2013. 551.1281. 1, eff. 18, eff. 1, eff. 3, eff. 1276, Sec. (b) A governmental body shall allow each member of the public who desires to address the body regarding an item on an agenda for an open meeting of the body to address the body regarding the item at the meeting before or during the body's consideration of the item. 268, Sec. 551.0785. Sec. COMMISSIONERS COURTS: DELIBERATION REGARDING DISASTER OR EMERGENCY. September 1, 2013. Acts 2009, 81st Leg., R.S., Ch. (C) at the discretion of the trier of fact, exemplary damages. Sept. 1, 1993. June 15, 2007. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Rule 3.03 - Candor Toward the Tribunal. DELIBERATION REGARDING PROSPECTIVE GIFT; CLOSED MEETING. 15, eff. Sept. 1, 1993. ADDITIONAL POSTING REQUIREMENTS FOR CERTAIN MUNICIPALITIES, COUNTIES, SCHOOL DISTRICTS, JUNIOR COLLEGE DISTRICTS, DEVELOPMENT CORPORATIONS, AUTHORITIES, AND JOINT BOARDS. (b) The presiding officer or member is required to notify only those members of the news media that have previously: (1) filed at the headquarters of the governmental body a request containing all pertinent information for the special notice; and. (a) A state governmental body shall provide notice of each meeting to the secretary of state. 1, eff. Such an arrangement must also conform to the requirements of Rule 1.05 concerning confidentiality and Rule 1.06 concerning conflict of interest. Acts 2013, 83rd Leg., R.S., Ch. This chapter does not require a governmental body to conduct an open meeting to deliberate: (1) security assessments or deployments relating to information resources technology; (2) network security information as described by Section 2059.055(b); or. September 1, 2021. 4.05, 4.06, eff. 265 (H.B. (b) The governing board of a general academic teaching institution or of a university system that includes one or more component general academic teaching institutions, for any regularly scheduled meeting of the governing board for which notice is required under this chapter, shall: (1) post as early as practicable in advance of the meeting on the Internet website of the institution or university system, as applicable, any written agenda and related supplemental written materials provided to the governing board members in advance of the meeting by the institution or system for the members' use during the meeting; (2) broadcast the meeting, other than any portions of the meeting closed to the public as authorized by law, over the Internet in the manner prescribed by Section 551.128; and. The Comments do not, however, add obligations to the rules and no disciplinary action may be taken for failure to conform to the Comments. The training must include instruction in: (1) the general background of the legal requirements for open meetings; (2) the applicability of this chapter to governmental bodies; (3) procedures and requirements regarding quorums, notice, and recordkeeping under this chapter; (4) procedures and requirements for holding an open meeting and for holding a closed meeting under this chapter; and. 87 (S.B. 19.01(50), eff. 87 (S.B. May 18, 2013. 268, Sec. (1) a statement of the subject matter of each deliberation; (2) a record of any further action taken; and. 2, eff. 1.02. EXCEPTION TO GENERAL RULE: NOTICE OF EMERGENCY MEETING OR EMERGENCY ADDITION TO AGENDA. (iv) at which the members receive information from, give information to, ask questions of, or receive questions from any third person, including an employee of the governmental body, about the public business or public policy over which the governmental body has supervision or control. Opinions are available from 1984 and1992-present. 679), Sec. 258 (S.B. 551.125. A governmental body shall maintain and make available for public inspection the record of its members' completion of the training. 1229, Sec. September 1, 2007. 1038, Sec. 1, eff. 286), Sec. 2840), Sec. Aug. 30, 1999. TEXAS DEPARTMENT OF INSURANCE. (e) The location where a quorum is physically present must be open to the public during the open portions of a telephone conference call meeting. 551.0821. 551.055. (7) "Recording" means a tangible medium on which audio or a combination of audio and video is recorded, including a disc, tape, wire, film, electronic storage drive, or other medium now existing or later developed. Acts 2011, 82nd Leg., R.S., Ch. 1, eff. September 1, 2007. 1. 62, Sec. Download . HIGHER EDUCATION COORDINATING BOARD. DEFINITIONS. September 1, 2009. (b) This chapter does not prohibit the governing board of an institution of higher education, the Board for Lease of University Lands, or the Texas Higher Education Coordinating Board from holding an open or closed meeting by telephone conference call. 1.05, (Texas Center for . Sec. (2) a recitation of existing policy in response to the inquiry. 551.145. The attorney general shall attempt to coordinate the training required by this section with training required by other law to the extent practicable. May 18, 2013. 471), Sec. Renumbered from Sec. Pending publication of the current statutes, see H.B. 681 (H.B. (a) The governing body of a water district or other district or political subdivision that extends into four or more counties shall: (1) post notice of each meeting at a place convenient to the public in the administrative office of the district or political subdivision; (2) provide notice of each meeting to the secretary of state; and. This commission has oversight of politicians, officeholders and lobbyists, not attorneys, but their opinion database is vast and may be of some interest regardless. However, they are annotated just as the rest of the Vernon's statutes are, makingthem an extremely valuable resource. 1201 (S.B. 325 (S.B. Sept. 1, 1995. If the governmental body is unable to convene the open meeting within those 72 hours, the governmental body may subsequently convene the meeting only if the governmental body gives written notice of the meeting as required by this subchapter. September 1, 2009. 551.005. 551.142. (b) The secretary of state shall post the notice on the Internet. Following a catastrophe or breakdown, a governmental body must make all reasonable efforts to make the required recording available in a timely manner. Sept. 1, 1999. THE FINANCE COMMISSION OF TEXAS. 9, eff. 82, subch. 361 (S.B. 1, eff. Acts 2007, 80th Leg., R.S., Ch. (A) a board, commission, department, committee, or agency within the executive or legislative branch of state government that is directed by one or more elected or appointed members; (B) a county commissioners court in the state; (C) a municipal governing body in the state; (D) a deliberative body that has rulemaking or quasi-judicial power and that is classified as a department, agency, or political subdivision of a county or municipality; (E) a school district board of trustees; (H) the governing board of a special district created by law; (I) a local workforce development board created under Section 2308.253; (J) a nonprofit corporation that is eligible to receive funds under the federal community services block grant program and that is authorized by this state to serve a geographic area of the state; (K) a nonprofit corporation organized under Chapter 67, Water Code, that provides a water supply or wastewater service, or both, and is exempt from ad valorem taxation under Section 11.30, Tax Code; (L) a joint board created under Section 22.074, Transportation Code; and. Amended by Acts 1999, 76th Leg., ch. (a) Except as otherwise provided by this section, this chapter does not prohibit a governmental body from holding an open or closed meeting by videoconference call. MINUTES OR RECORDING OF OPEN MEETING REQUIRED. 1325 (S.B. (a) The commissioners court of a county may conduct a closed meeting to deliberate business and financial issues relating to a contract being negotiated if, before conducting the closed meeting: (1) the commissioners court votes unanimously that deliberation in an open meeting would have a detrimental effect on the position of the commissioners court in negotiations with a third person; and. 1, eff. Added by Acts 2021, 87th Leg., R.S., Ch. Loyalty is an essential element in the lawyer's relationship to a client. ENFORCEMENT COMMITTEE APPOINTED BY TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY. (2) the attorney advising the commissioners court issues a written determination that deliberation in an open meeting would have a detrimental effect on the position of the commissioners court in negotiations with a third person. Added by Acts 1993, 73rd Leg., ch. (a) The requirements of this chapter do not apply to a meeting of the commissioner of insurance or the commissioner's designee with the board of directors of a guaranty association established under Chapter 2602, Insurance Code, or Article 21.28-C or 21.28-D, Insurance Code, in the discharge of the commissioner's duties and responsibilities to regulate and maintain the solvency of a person regulated by the Texas Department of Insurance. 342 (H.B. 944, Sec. In addition, a meeting held by video conference call shall: (1) be visible and audible to the public at the location specified in the notice of the meeting as the location of the meeting; (2) be recorded by audio and video; and. (c) It is an affirmative defense to prosecution under Subsection (a) that the member of the governmental body acted in reasonable reliance on a court order or a written interpretation of this chapter contained in an opinion of a court of record, the attorney general, or the attorney for the governmental body. 535 (H.B. (a) A communication or exchange of information between members of a governmental body about public business or public policy over which the governmental body has supervision or control does not constitute a meeting or deliberation for purposes of this chapter if: (2) the writing is posted to an online message board or similar Internet application that is viewable and searchable by the public; and. Acts 2017, 85th Leg., R.S., Ch. (c) Subsection (b)(1) does not apply to written materials that the general counsel or other appropriate attorney for the district certifies are confidential or may be withheld from public disclosure under Chapter 552. Added by Acts 2019, 86th Leg., R.S., Ch. (2) the convening at one location of a quorum of the governing board, the Board for Lease of University Lands, or the Texas Higher Education Coordinating Board, as applicable, is difficult or impossible. 1, eff. CONSULTATIONS BETWEEN GOVERNMENTAL BODY AND ITS ATTORNEY. (a) If, at a meeting of a governmental body, a member of the public or of the governmental body inquires about a subject for which notice has not been given as required by this subchapter, the notice provisions of this subchapter do not apply to: (1) a statement of specific factual information given in response to the inquiry; or. Sec. (2) the Texas Higher Education Coordinating Board. Acts 2013, 83rd Leg., R.S., Ch. (1) a lawyer who has been awarded a Certificate of Special Competence by the Texas Board of Legal Specialization in the area so advertised, may state with respect to each such area, "Board Certified, area of specialization -- Texas Board of Legal Specialization"; and Sec. (a) The Texas Board of Criminal Justice may hold an open or closed emergency meeting by telephone conference call. SUBCHAPTER E. PROCEDURES RELATING TO CLOSED MEETING. Sec. (b) The commissioner of insurance may deliberate and determine the appropriate action to be taken concerning the solvency of a person regulated by the Texas Department of Insurance in a closed meeting with persons in one or more of the following categories: (1) staff of the Texas Department of Insurance; (3) representatives of a regulated person; or. Acts 2021, 87th Leg., R.S., Ch. 551.101. 11), Sec. Practice Aids at the Texas State Law Library. Acts 2011, 82nd Leg., R.S., Ch. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING. 11.014, eff. June 4, 2001. 2, eff. Bluebook Citation Copy. September 1, 2017. Sec. (b) A meeting may be held by videoconference call only if a quorum of the governmental body is physically present at one location of the meeting, except as provided by Subsection (c). (b) An offense under Subsection (a)(1) is a Class B misdemeanor. At least annually issue to the Supreme Court and the Board of Directors a report on the . CERTAIN PUBLIC POWER UTILITIES: COMPETITIVE MATTERS. Sec. 551.123. Sec. 551.146. Sec. For convenience in this volume the following shortened citation forms are used: Texas Disciplinary Rules of Professional Conduct: cited as "TDRPC" or "theTexas Rules"; American Bar Association's Model Rules of Professional Conduct: cited as "the ABA Model Rules"; Added by Acts 2001, 77th Leg., ch. May 23, 2015. (b) During a conference under Subsection (a), members of the board of trustees of the Texas growth fund may not deliberate public business or agency policy that affects public business. June 15, 2007. Sec. 5, eff. 778 (H.B. (2) identifies the section or sections of this chapter under which the closed meeting is held. June 14, 2013. (e) The training required by this section may be used to satisfy any corresponding training requirements concerning this chapter or open meetings required by law for the members of a governmental body. 1, eff. May 18, 2013. 2, eff. (2) the attorney advising the commission issues a written determination finding that deliberation in an open meeting would have a detrimental effect on the position of the state in negotiations with a third person and setting forth that finding therein. (1) may not vote or take final action on a matter during a meeting under this section; and. (2) in which transportation to the meeting location is dangerous or difficult as a result of the disaster or emergency. 551.0501. 685 (H.B. (f) The authority provided by this section is in addition to the authority provided by Section 551.121. 268, Sec. 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